March 2020

Cross Examination of formal witnesses—They are summoned to produce documents and record, cannot be cross examined unless they are called as a witness

By | March 24th, 2020|Evidence - Civil|

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Calling of record from other Court–O.13 R.10 CPC does not enable the Court to use in evidence, any document under the law, which would be otherwise inadmissible in the suit

By | March 10th, 2020|Evidence - Civil|

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Suit for Recovery—Pronote—No evidence for passing of consideration-­Admission of signatures by defendant and attesting witness on the pronote and receipt are insufficient—Suit dismissed

By | March 10th, 2020|Evidence - Civil|

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Dismissal in Default—Failure to lead evidence—After three opportunities any further adjournment not only has to be sufficient cause but also co-­exist on justifiable cause

By | March 9th, 2020|Evidence - Civil|

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February 2020

Closing of Evidence by Order—Plaintiff were not solely responsible for not concluding their evidence—After framing of issues, the case remained pending for different purposes—One more opportunity given

By | February 22nd, 2020|Evidence - Civil|

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Production of Documents—At a later stage without proper leave of court, after issuing notice to other party,can be permitted by Court if said documents were already in knowledge of Court

By | February 22nd, 2020|Evidence - Civil|

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December 2019

Production of Documents—Objections—In case the objection pertains to its admissibility, then the same could be raised at any stage, and in case the same was qua the mode and procedure, then it was required to be raised at the time when the document was produced in evidence

By | December 30th, 2019|Evidence - Civil|

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October 2019

DNA TEST – Naturally, if the petitioner is aggrieved of any order passed or any observation made, or any finding recorded in the judgment in that lis, her remedy is by way of the appeal that she has already filed before the learned District Judge-Without commenting on merits present petition dismissed

By | October 24th, 2019|Evidence - Civil|

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Production of Documents—Court can summon a document, through a person having possession of document, necessary for adjudication of dispute without asking such person to give evidence with regard to such document

By | October 24th, 2019|Evidence - Civil|

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September 2019

Supreme Court held that unless the execution of a Gift Deed is specifically denied, it is not mandatory to specifically lead the evidence of an attesting witness under Section 68 of the Indian Evidence Act to prove the Gift Deed.

By | September 29th, 2019|Evidence - Civil|

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August 2019

Held; A party should not be made to suffer because of the careless attitude of the counsel—Last opportunity granted to conclude entire evidence in time bound manner.   

By | August 25th, 2019|Evidence - Civil|

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April 2019

February 2019

Civil Procedure Code, 1908, O.18 R.3-A–Examination as own Witness–Held; Defendant had availed many opportunities for closing his evidence and rebuttal evidence but did not filed any application at that time—Omission to file his own affidavit held to be intentional to delay the proceedings—Application held to be rightly dismissed

By | February 27th, 2019|Evidence - Civil|

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January 2019

Transfer Deed—A small error/mistake in the annexure attached to the registered transfer deed which has no effect on the transfer would not result in invalidating the transfer deed itself Admission—If an admission in oral evidence is capable of two interpretations then an interpretation favorable to the person making it should be taken as his admission

By | January 27th, 2019|Evidence - Civil|

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Civil Procedure Code, 1908, O.13 R.4-Endorsement of Document-Order 13 Rule 4 CPC only provides for a procedure for endorsement of the documents by the Presiding Judge, admitted in evidence-It is nowhere provided that if the Presiding Judge fails to endorse the document, the document cannot be read as part of the record.

By | January 21st, 2019|Evidence - Civil|

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October 2018

Civil Procedure Code, 1908, O.16 R.1–Production of Witnesses-Application under O.16 R.1-A CPC cannot be objected by the defendants—Filing of present revisions is delaying tactices; dismissed with costs. 

By | October 1st, 2018|Evidence - Civil|

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May 2018

Closing of Evidence by order—Diet money but other expenses having been been deposited to summon the witness—Thereafter, it was the duty of the court to enforce the attendance of any witness through coercive methods.

By | May 24th, 2018|Evidence - Civil|

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Evidence Act, 1872, S.34–Bahi Entry-When commission against himself proves his Accounts, which were maintained in routine by him then examination of clerk who had made entry is not necessary.

By | May 1st, 2018|Evidence - Civil|

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April 2018

Defendant no-1 is suffering from various ailments and is an old lady of 80 years of age—She cannot travel a long distance from Bhopal to Chandigarh for examination—Direction issued to record cross examination through video conferencing.

By | April 7th, 2018|Evidence - Civil|

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